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Identifying Indonesian laws of delivery outside the jurisdiction

Construction contract dispute case between a company in Jiangxi, a company in Qingdao, and a company in Indonesia

1. Basic case details

The defendant, a company in Qingdao, signed a construction contract with the plaintiff, a company in Jiangxi, in the name of the defendant, a company established in Indonesia. After the construction was completed, due to the defendant’s failure to pay the project funds and various expenses, the plaintiff filed a lawsuit with the Qingdao Intermediate People’s Court, requesting the defendant to pay the project funds and various expenses. The primary issue that needs to be addressed in this case is how to deliver to the defendant, whose company in Indonesia is located.

2. Laws to be investigated

Does the service of litigation materials by Chinese courts to Indonesian parties through international mail comply with Indonesian domestic laws and how Chinese courts should serve litigation documents to parties within Indonesia.

3. Identified content

Indonesian courts generally do not accept postal service from foreign courts. According to the Indonesian Civil Procedure Law, foreign courts must serve civil judicial documents through diplomatic channels.

4. Judgment result

After identifying the relevant regulations that Indonesian courts do not accept mail delivery from foreign courts, the judge explained the legal risks to the parties and the plaintiff withdrew the lawsuit.

5. Typical significance

The difficulty of delivery outside the jurisdiction is a bottleneck problem that restricts the efficiency of foreign-related commercial trials. Incorrect delivery methods will lead to difficulties in recognizing and enforcing judgments outside the jurisdiction. According to the confirmed Indonesian law that does not recognize the method of delivery by mail and must be delivered through diplomatic channels, the court accurately grasped the legal basis for the service procedure in this case. At the same time, by interpreting the law to the parties, clearly informing them of the litigation procedures, litigation risks, and litigation costs, helping them clarify their choice of dispute resolution methods.



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